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TORONTO — Today, the Canadian Civil Liberties Association is before the Federal Court of Appeal to defend its historic victory for the rule of law.

In January and February of 2022, the “Freedom Convoy” protests, which occupied and blockaded the streets of downtown Ottawa and other specific locations, created significant disruption and hardship. These protests directly affected thousands of Canadians, in particular, members of marginalized communities. In response, on February 14, 2022, the federal government handed itself the power to make sweeping executive orders by invoking the federal Emergencies Act. This Act, which had never been invoked before in Canada, allows the federal government to enact wide-reaching orders without going through the ordinary democratic process—but only once stringent legal thresholds are met.

On February 17, 2022, the CCLA launched a judicial review challenging the federal government’s invocation of the Emergencies Act. The CCLA’s legal challenge was not an endorsement of the “Freedom Convoy” protests. It condemned the reported acts of violence, racism and homophobia, and agreed that, given the protracted timelines and the extent of the disruption, the police needed to dismantle the blockades. The CCLA maintains there was no “public order emergency” as contemplated under the Act, and certainly not one that extended across the entirety of Canada. Existing laws could—and should—have been used to address the situation, rather than the Emergencies Act.

On January 29, 2024, the Federal Court agreed with the CCLA and other applicants that the federal government did not meet the legal thresholds necessary to invoke the Act. The Court also agreed that the governmental actions resulting from the invocation of the Act unjustifiably violated Canadians’ Charter-protected right to freedom of expression and the right to be secure against unreasonable search or seizure.

“While the extraordinary powers granted to the federal government through the Emergencies Act are necessary in extreme circumstances, they also threaten the rule of law and our democracy,” stated Anaïs Bussières McNicoll, Director of the Fundamental Freedoms program at the CCLA.

“We will urge the Federal Court of Appeal to reject the federal government’s attempt to relax the thresholds necessary for invoking the Act’s extraordinary powers. Legal thresholds do not bend, much less break, in exigent circumstances. We are putting this and future governments on notice: even in times of crisis, no government is above the law.”, concluded Anaïs Bussières McNicoll.

CCLA is immensely grateful for the outstanding pro bono legal services of Ewa Krajewska, Brandon Anand Chung and Erik Arsenault of Henein Hutchison Robitaille LLP in this case.

About the Canadian Civil Liberties Association

The CCLA is an independent, non-profit organization with supporters from across the country. Founded in 1964, the CCLA is a national human rights organization committed to defending the rights, dignity, safety, and freedoms of all people in Canada.

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